Kansas City, MO – Earl Patrick Kearney, a former wastewater treatment operator in Missouri, was sentenced to five years of probation and a $30,000 federal fine after admitting to falsifying water quality data, according to court records unsealed this week. Kearney’s scheme spanned from May 2010 to August 2011, while employed at two separate housing developments, and deliberately misled regulators about pollution levels discharged into local waterways.
The investigation, a joint effort between the Environmental Protection Agency’s (EPA) Criminal Investigation Division and the Missouri Department of Natural Resources, revealed that Kearney routinely altered the results of wastewater samples before submitting quarterly reports. These reports were intended to demonstrate compliance with permits issued by the state, outlining acceptable levels of pollutants. However, the actual test results consistently showed violations, specifically exceeding permitted levels of total phosphorous – a nutrient that can contribute to harmful algal blooms and degrade water quality.
Federal prosecutors allege Kearney knowingly manipulated the data to avoid potential fines, enforcement actions, and the cost of upgrading wastewater treatment facilities. The falsified reports were submitted to the Missouri Department of Natural Resources, effectively concealing the environmental damage being caused by the housing developments. The scheme continued for over a year before discrepancies were discovered, triggering the investigation.
Timeline of Events
Kearney was initially charged on April 1, 2014, with violating 33 U.S.C. 1319(c)(1)(A), a provision of the Clean Water Act that criminalizes negligent violations of permit requirements. He subsequently pleaded guilty to two counts of the charge on December 2, 2014. The sentencing, handed down on July 6, 2015, by a federal judge in the Western District of Missouri, included a $30,000 criminal penalty and a five-year probationary period.
Legal Ramifications
The Clean Water Act is a cornerstone of environmental protection in the United States, aiming to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. Violating the Act, particularly through intentional falsification of data, is considered a serious federal offense. 33 U.S.C. 1319(c)(1)(A) specifically addresses negligent violations, carrying potential penalties including fines and imprisonment. While Kearney avoided jail time, the financial penalty and probationary status represent a significant consequence for his actions.
Key Facts
- Defendant: Earl Patrick Kearney
- Crime: Clean Water Act Violation (Falsifying Data)
- State: Missouri
- Year: 2015
- Statute Violated: 33 U.S.C. 1319(c)(1)(A)
- Penalty: 5 years probation, $30,000 fine
- Duration of Scheme: May 2010 – August 2011
- Pollutant: Total Phosphorous
Assistant U.S. Attorney Steve Mohlhenrich prosecuted the case. The EPA continues to emphasize the importance of accurate reporting and strict adherence to environmental regulations, stating that individuals who attempt to circumvent these laws will be held accountable for their actions. This case serves as a warning to others in the wastewater treatment industry that data integrity is paramount and that falsifying records can have severe legal and environmental consequences.
Source: EPA ECHO Enforcement Case Database
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- Earl Patrick Kearney, Clean Water Act Crime, MO 2015 · Kansas
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- Bruce Morris, Clean Water Act Violation, MO 2013 · Kansas
- Ozark Mountain Technologies, Clean Water Act Violation, MO 2015 · Kansas
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